Professional Documents
Culture Documents
Contracts of employment D1
© BDA September 2008 2
Advicesheet
Contracts of employment D1
contents page
This advice sheet helps PART 1
members draw up statements of
conditions of employment for all Contracts of employment 4
staff employed in general Grievance procedures 5
practice. The BDA can offer Disciplinary procedures 6
advice and help on Statutory sick pay 7
associateships, employed and Restraint of trade 9
self-employed performers, Other employment rights 9
partnerships and locumships
and has model agreements to PART 2
cover each type of arrangement.
The BDA Practice Compendium Employment contract with explanatory notes 10
also contains these and other Sickness/injury absence and pay policy 22
employment-related models that Grievance procedure 25
you can customize for your own Disciplinary procedure 26
practice. Equal opportunities policy 29
Confidentiality policy 33
Employment rights checklist 37
ACAS addresses 38
Futher help and advice 40
The written statement All employees must, within two months of starting work, be provided with
written information about their terms and conditions of employment. Failure to
supply written particulars may be referred by an employee to an employment
tribunal. The written statement may be provided in instalments within the first
two months of employment. The statement can refer the employee to separate
‘reasonably accessible’ documents for particulars relating to sickness and sick
pay, pensions, and the length of notice which the employer is obliged to give
and entitled to receive to terminate the contract. For example, documents could
be pinned to a notice board or kept in a handbook in the staff room. Particulars
of all of the other conditions listed below must be included in the document(s)
given to the employee.
The written statement gives an employee a clear indication of the main terms
and conditions of employment. It includes the minimum information an
employer must give an employee as required by legislation. The statement is
not the ‘contract of employment’ but merely contains the employer’s statement
of what has been agreed. When the courts consider the contract, account will
be taken of written statements and of other expressly stated or implied
conditions.
The model, however, can only offer guidance. Circumstances vary from practice
to practice and you need to tailor the contract to your specific needs. The BDA
is happy to advise if you are uncertain how to do this.
It is good practice to research a prospective employee’s background. You References and checks
should always ask for and take up references. Ideally, you should have two
references, one from the most recent employer. It is not advisable to accept
written references handed to you from a prospective employee as they may not
be authentic. Ensure that job offers are in writing and are clearly made ‘subject
to satisfactory references’. You also have to do certain legal checks on new
employees:
Criminal Records Bureau – you must check for any unspent convictions of
all staff joining an NHS or mixed NHS/private practice
Independent Safeguarding Authority (ISA) – from 2009 dentists, dental
hygienists, dental therapists and dental nurses will need to be registered
with the ISA in order to work in the dental team or any other profession. It
will be an offence to employ anyone who is not on the ISA register. You will
have to check the ISA register before the new employee starts work. The
BDA will publish detailed guidance nearer the time
Independent Safeguarding Authority – from 2009 you will have to make sure
that other staff (including receptionists and practice managers) are not on
the ISA’s lists of people barred from working with or near children or
vulnerable adults.
A grievance procedure provides guidance on how to deal with difficulties in the Grievance
workplace and ensure that everybody is treated in the same way. It contains the
course of action that needs to be taken should employees have a complaint procedures
and provides points of contact and timescales in which to resolve the issue. It is
a formal way of resolving problems that employees face in the workplace and
enables problems to be dealt with quickly and efficiently.
Rules Rules should be clear and concise, indicate to whom they apply and be
explained to every employee. You may wish to put together a practice manual
that sets out the practice’s rules and policies. Rules usually cover matters such
as:
Procedures There should be a simple written procedure for dealing quickly and fairly with
incidents of alleged failure to observe the rules. A disciplinary procedure that
conforms to the ACAS Code of Practice will be in writing and known and
understood by all employees. It will provide that:
Practitioners with a number of partners should use one partner to undertake the
disciplinary action reserving another (who should not have been consulted by
the first partner in the course of the enquiry/hearing) to hear the appeal. A
further option might be to ask an outside independent person to hear the
appeal, who might be a local dental colleague or the practice accountant or
solicitor. If this option is used, there would probably be a charge and there
would need to be a mechanism whereby the confidentiality of patient
information and practice business information is preserved.
Statutory sick pay (SSP) is the minimum statutory amount payable to an Statutory
employee who has been absent from work through illness and is payable for a
maximum period of 28 weeks. sick pay
SSP is the minimum level of payment, but employers can continue paying the
usual salary or come to their own agreement regarding sick pay. The BDA’s
model Sickness/injury absence and pay policy (appendix 1 of the model
contract) links sick pay entitlement to years of service. Please note that it
represents BDA recommendations and is over and above the minimum legal
requirement.
In order to be considered for SSP, an employee must notify the employer of the Notification and
illness. The employer is entitled to ask for reasonable evidence of incapacity, entitlement
which may either be self-certification or a medical certificate. Employees can
self-certify for periods of illness lasting fewer than seven days and should
produce a doctor’s note for absences of seven days or longer.
Sick for four or more days in a row (including weekends and bank holidays).
Earn, before tax and National Insurance, an average of £90.00 a week (April
2008).
During the waiting day period (that is the first three days of sickness), it is up to
the employer whether anything is paid. If the waiting days are not to be paid,
employees should be advised that they may be eligible for benefit from the
Department for Work and Pensions and should contact their local Jobcentre
Plus office.
When to pay SSP SSP is paid from the fourth qualifying day of sickness. Any two periods of
sickness separated by eight weeks or less are treated as one period of
incapacity for work (PIW). Where a PIW is linked to an earlier period, any
qualifying days from the first PIW can be included in calculations for triggering
SSP for the second PIW.
Calculating payments
The weekly rate for SSP is currently £75.40 (April 2008 – reviewed annually in
April). The daily rate for SSP is the weekly rate divided by the number of
qualifying days in a week.
SSP is subject to NI and tax contributions and is paid when usual salary
payments are made, for example weekly or monthly.
Termination of payments
Recovering SSP
1. Establish your total gross Class 1 National Insurance contribution liability for
the tax month in question, which runs from the sixth day of one month to the
fifth day of the next. This includes employee‘s, as well as employer‘s,
contribution liability. Class 1A National Insurance contributions are excluded
If the amount at (3) is more than the amount at (2), you can recover the
difference.
Further advice on SSP is available in BDA Advice Note Statutory sick pay. Full
details of SSP are given in the government helpbook E14 – Employer Helpbook
(2008). You can download this from the Inland Revenue’s website (www.hmrc.gov.uk).
For the purpose of protecting the goodwill of the practice, upon leaving the
employment of the practice the employee shall not, for a period of one year
from the date of so ceasing, either on their own or in partnership or through
a corporate body, establish or purchase or own a general dental practice or
part thereof at premises situated within a radius of [INSERT NUMBER]
miles from the practice premises at [INSERT PRACTICE ADDRESS].
For the purpose of protecting the goodwill of the practice, the following
restrictions shall apply if during the material time the employee, either on
their own or in partnership or through a corporate body, establishes or
purchases or owns a general dental practice or part thereof (“the
employee’s practice”). The material time is either during the employee’s
employment or in the twelve months after that employment ends. Relevant
patients are patients of the employer’s practice with whom the employee
had any direct dealing in the last two years of their employment. The
restrictions in this clause are that the employee shall not for a period of one
year from the date of ceasing to be an employee:
These notes are not intended to give anything more than general guidance on drawing up a contract of
employment. No example or notes can take account of all circumstances.
All advice sheets and advice notes referred to in this contract are available on request from the BDA Shop tel:
020 7563 4555 or bdashop@bda.org and can be downloaded from the BDA website www.bda.org.
In accordance with the requirements of the Employment Rights Act 1996, (as amended by subsequent Statutes),
this statement describes the main terms and conditions of your employment with:
1. Employee
Name _____________________________________________________________________________________
Address ___________________________________________________________________________________
Option 1
No period of employment prior to your start date counts as part of your period of continuous employment
OR
If applicable, specify the previous practice’s name and period of employment concerned. The date that
employment begins is important because various employment rights depend upon continuity of service. The date
must, therefore, take account of any linking periods of employment with the previous incumbent(s) that count
towards a period of continuous employment with the present practitioner.
[If the contract is to cover absence of another individual due to maternity or sickness include this clause : Your
employment will end when [INSERT NAME] returns to work or on ____________, whichever is the earlier.]
If the employment is temporary, the period for which employment is expected to continue should be included or, if
it is a fixed term, the date on which it is expected to end. Also note that an employee leaving at the end of a fixed
term is still in legal terms a dismissal. Therefore the rules on unfair dismissal still apply. You must always take
advice when an employee’s fixed term contract is about to expire.
3. Probationary period
The first ______________ months of your employment will be probationary. During the probationary period, your
employment may be terminated by either party on one week’s written notice.
Normally a probationary period is for no more than three months but this period can be extended if there are
concerns about an employee’s conduct or performance. It is important to give the employee written notice if you
are extending the probation period. That notice must be given before the original probation period ends and
should state how long it is being extended for and what the employee has to do to pass their probation.
You may be required to carry out any other duties considered to be within your skill and competence to assist the
smooth running of the practice and facilitate the treatment of patients, when it is considered necessary or
appropriate by management.
Care should be taken that the title adequately describes the scope of the employee’s job. It may be useful to
describe the main tasks of the job, for example: “you will be employed as a receptionist and your main
responsibilities will include greeting patients, the collection of patients’ charges, making appointments, answering
the telephone and the filing of records”.
A job description setting out the full range of duties should be issued with the contract as a separate and distinct
document. It should also be made clear that employees may be required to undertake all reasonable duties not
specified in their job description. Advice on job descriptions is contained in advice sheet D12 Staff recruitment
and the BDA Practice Compendium.
5. Place of work
You may be required to work at other practice locations according to the needs of the practice.
If you require the employee to work regularly at a number of practice locations, it is only necessary to state the
fact plus the employer’s address.
6. References
Ideally, you should have two references, one from the most recent employer. It is not advisable to accept written
references handed to you from a prospective employee as they may not be authentic. It is important that
employers advise those candidates that employment is subject to satisfactory references. Employees have no
legal right to a reference and some employers refuse to provide them.
You must register as a _____________________ with the General Dental Council, maintain that registration and
effect and maintain professional indemnity or insurance cover for any clinical work that you undertake. You may
be required to produce your cover certificate for inspection by the practice annually on request.
This is an additional clause for registered Dental Care Professionals (DPCs) – for example, dental nurses,
hygienists and therapists. Dental nurses, hygienists and therapists must be qualified and register with the GDC
as DCPs. On balance, because of the possibility that a dental nurse might appear before the GDC for conduct
reasons, we recommend that they take out their own indemnity/insurance.
Add any qualification or top-up training that must be undertaken to satisfy GDC dental nurse registration
requirements.
It is a condition of this employment that you attend the [INSERT NAME OF COURSE] (the “Course”) at the
[INSERT NAME OF COLLEGE] with a view to obtaining the [INSERT NAME OF QUALIFICATION]. You are
required to undertake the following in order to satisfy the General Dental Council’s requirements to achieve
registration. You must attend the Course regularly and make every effort successfully to complete the course and
obtain the qualification required by the GDC for registration.
Trainee Dental Care Professionals must make every effort possible, and be able to demonstrate that they have
made the effort, to get a place on the next available course. If necessary, they should get onto a waiting list and
request a letter from the college stating they are on a waiting list. If they are working in the surgery before their
formal training begins, they should have a proper induction covering health and safety and confidentiality. They
should also have the necessary immunisation. Dental nurses who find themselves in this situation should keep a
log of the training they receive in the practice while waiting to start their course.
Upon completion of your training programme, you must register as a _________________ with the General
Dental Council and maintain that registration and effect and maintain professional indemnity or insurance cover
for any clinical work that you undertake. You may be required to produce your cover certificate for inspection by
the practice annually on request.
Option 3
8. Course fees
The practice will pay [all necessary tuition fees OR £x towards your tuition fees] incurred in pursuance of clause
7 above.
The practice reserves the right to recover any and all monies it has paid in tuition fees if your employment is
terminated for any reason, excluding redundancy, in the twelve months following completion of any course you
attended in pursuance of clause 7.
The total money recoverable will reduce by one-twelfth for each complete calendar month you work at the
practice after completion of the course. For the avoidance of doubt, no deduction will be made if your
employment is terminated more than twelve months following the completion of the course attended.
The practice reserves the right to recover any and all monies it has paid in tuition fees if you fail to complete,
without good reason, any course on which you are enrolled in pursuance of clause 7.
See the model staff training agreement in the BDA Practice Compendium for further information and a sample
training agreement. You may wish to include your training agreement as an appendix to this contract if
applicable.
9. Pay
Your pay will be paid monthly in arrears in [cash/by cheque/BACS transfer] on the ___________ day of each
month.
Your pay advice will show your basic rate of pay, any statutory or voluntary deductions and the amount of net
pay. If you have any specific queries about your pay these should be raised with [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER].
Your weekly wage is £___________ per week. Payments for individual days are one-fifth of the above rate and
pro rata for any part thereof. This also applies to any days agreed as holidays.
Your pay will be paid weekly in arrears in [cash/by cheque/BACS] on the ___________day of each week.
Your pay advice will show your basic rate of pay, any statutory or voluntary deductions and the amount of net
pay. If you have any specific queries about your pay these should be raised with [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER].
Your pay will be paid weekly/monthly in arrears in [cash/by cheque/BACS transfer] on the ____________ day of
each [week/month].
Your pay advice will show your basic rate of pay, any statutory or voluntary deductions and the amount of net
pay. Any specific queries about your pay should be raised with [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER].
Speak to your accountant if you are unsure which pay method best suits your cashflow and financial needs.
The pay statement must give the scale or rates of remuneration or method of calculation; any link to outside rates
of pay; intervals at which it is paid; method of payment and whether there is any choice, for example
weekly/monthly, by cash/cheque/credit transfer. Employers are required to give employees an itemised pay
statement specifying the gross amount of wages or salary, full details of any deductions made and the net
amount of wages or salary payable. Pay rates must comply with National Minimum Wage Levels.
Employees temporarily laid off will be entitled to receive a guaranteed payment based on a normal working day,
but not exceeding £20.40 (April 2008 - reviewed annually in April) per day and not exceeding five days (or
however many days the employee normally works in a week, if fewer) in any period of three months.
Employees must have completed one month’s continuous service in order to qualify for lay-off pay.
Lay-off guarantee payments are calculated by multiplying the number of normal working hours for the day by the
average hourly rate for the employee affected. Your employee will receive their daily rate or the upper limit of
£20.40, whichever is less. A guaranteed payment will not be paid if the lay-off is due to an internal dispute where
an employee has refused suitable alternative work.
The right to suspend without pay can only be exercised where the contract of employment expressly or impliedly
gives the right or where there is a custom to that effect. Where the employment is not covered by a collective
contractual agreement a clause similar to clause 10 should be included in all written statements.
When the lay-off guarantee pay runs out you should advise your employee to register as “temporarily stopped” at
the nearest Jobcentre Plus office until such time as normal working can resume.
Your basic hours of work (exclusive of lunch breaks) are ______________ hours per week.
You are allowed ________ for lunch, to be taken between _______ pm and _________ pm. This is unpaid.
Day-to-day arrangements will be agreed with [INSERT NAME OF PRACTICE MANAGER OR PRACTICE
OWNER] in accordance with operational requirements.
Employees should know what their basic hours are, the days they are expected to work and their starting and
finishing time; their lunchtime, tea breaks/rest periods and the degree of flexibility required.
Employees are entitled to a minimum of 20 unpaid minutes away from the workplace if they work more than six
hours in the day. Those aged 15 to 17 are entitled to a 30-minute unpaid break away from the workplace if they
work more than four-and-a-half hours in the day. These are minimum entitlements and most practices provide
members of staff with more than this amount. Clause 11 of the contract should be completed to reflect these
rules.
Under the Working Time Regulations 1998, an employee cannot work more than 48 hours, including overtime
hours, during a seven-day period unless an agreement has been reached in writing to work longer hours. In
which case, the agreement must be specific to the employee and signed by the employee. The employer must
monitor the employee’s actual working hours. See Advice Note on Working Time Directive basic rights.
All employees are required to show a responsible attitude towards time keeping. Persistent lateness will render
the employee liable to disciplinary action, which could lead to dismissal.
13. Overtime
On occasion, it may be necessary for the practice to request that you work additional hours in the course of your
duties. Where the practice requires your services outside your set hours during usual practice hours on Monday
to Saturdays the practice will either
a) pay you at [EITHER: your normal pay rates OR: one-and-a-half times your normal pay rate]; or
b) give you the equivalent time off, by arrangement, at normal pay rates.
All work outside normal hours on Sunday or public holidays will be paid at double time rate (£ ___________ per
hour).
Alternatively, you may want to offer equivalent time off instead of an additional payment.
14. Holiday
Your holiday year dates from [EITHER: the commencement of employment OR: from 1 January to 31 December
each year OR: from 1 April to 31 March of the following year].
You will be entitled to [5.6] weeks’ paid holiday, including public holidays. If you work part-time, one week’s
holiday will be equivalent to the amount of time you normally work in a week.
Optional :
[After _______ years’ service, you will be entitled to an additional week‘s paid holiday.]
A written request for holiday must be submitted to [INSERT NAME OF PRACTICE MANAGER OR PRACTICE
OWNER]. This request must be submitted ___________ week(s) prior to the date you expect to start the holiday.
Not all applications will be approved and written notification of an approval or refusal will be provided _________
week(s) prior to the date you expect to take leave.
Holiday pay will be calculated from your basic pay. Holiday entitlements cannot be carried over to the following
year unless written permission has been obtained from [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER].
Where employment is terminated, or if you choose to leave the practice, a payment will be made on a pro-rata
basis in respect of any accrued holiday entitlement that has arisen but has not been taken on the date of
termination.
A deduction will be made from your final pay on a pro-rata basis for any holiday taken in excess of your
entitlement, at the date of termination.
Holiday entitlement
Note that, until April 2009, the statutory minimum is 4.8 weeks’ holiday including public holidays. We recommend
5.6 weeks’ holiday as this is standard practice and the entitlement will go up to 5.6 weeks’ holiday in April 2009.
For staff who work five days a week, this is equal to 24 days’ holiday a year, or 4 weeks plus half the public
holidays. Note that this entitlement will rise in April 2009 to 5.6 weeks a year which, for someone working five
days a week, is equal to four weeks plus all the public holidays (28 days).
The statutory minimum is expressed as 4.8 weeks rather than 24 days so that it applies easily to all staff,
regardless of how many days a week they work. A member of staff, working, say, three days a week will be
entitled 3 x 4.8 = 14.4 paid days’ holiday (including any public holidays). This figure cannot be rounded down, but
can be rounded up.
Employees who receive a flat-rate salary should be paid their normal weekly wage as holiday pay. If overtime is
included in the normal weekly hours contained in the contract, this payment will be included when calculating a
week’s pay.
Where employees work flexible hours, entitlement is calculated by taking the average weekly remuneration over
the twelve weeks preceding the holiday date. Where there are some weeks when no work has been undertaken,
the previous twelve weeks when work has been undertaken are used. Once average weekly earnings have been
calculated, the employee then receives four weeks’ paid leave at the average amount.
An employer can refuse a request for leave, but should provide a satisfactory reason and give the employee
sufficient notice. The notice depends on how much notice an employee must give of a holiday request. The
employer must respond to the request within half the time. For example, if you require your employee to provide
four weeks’ notice of a request, you must provide your response no later than two weeks prior to your employee
taking leave.
The rules and procedures relating to unavoidable absence due to sickness or injury, including eligibility for
sickness pay, are set out in Appendix 1. You will be entitled to sickness pay, as shown in Appendix 1, providing
you follow the notification and certification procedure specified in the rules.
This heading should cover both the rules of notifying management if the employee is absent and details of any
sick pay scheme in operation. For example: service requirements, entitlement, method of certification; waiting
days; amount of sick pay; deduction of state benefit.
If you are unable to attend work, for any reason whatever, you must contact [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER] by telephone at the earliest possible time on the first day of absence and
not later than [INSERT TIME] to give the reason for absence and, if possible, to say when you hope to return to
work. You must speak to [INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER] or [NAME]
personally. Contacting the practice by text message will not be acceptable and could lead to disciplinary action.
Unauthorised absence will not be paid and may result in disciplinary action being taken.
Your employment contract should clearly outline that an employee will not be paid if absent without permission
and that frequent unexplained absences will lead to dismissal. One way of controlling absence is to insist on prior
notification of dental and medical appointments.
You should conduct a “return to work” meeting with every employee when they return from any form of absence
(excluding approved holidays) and ask them to fill in a sickness or absence self-certification form. The practice
can produce its own form for this purpose, asking for the employee’s dates of absence, reason for the absence
and signature. A model is contained in the BDA’s Statutory Sick Pay advice note and the BDA Practice
Compendium.
The practice will provide reasonable time off to deal with family or domestic emergencies. Requests should be
made promptly to [INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
Time off for family or domestic emergencies [EITHER: will OR: will not] be paid.
Employees have a legal entitlement to time off for domestic emergencies. There is no qualifying period and
employees will be allowed to take any reasonable amount of time off during working hours to take whatever
action is necessary where:
They are required to provide assistance where a dependant falls ill, gives birth or is injured or assaulted
They have to make arrangements for the provision of care for a dependant who is injured or ill
There is a death of a dependant and arrangements have to be made
There is unexpected termination or disruption of arrangements for the care of a dependant
An incident involving a child of the employee occurs unexpectedly at school or college or similar.
A dependant is a spouse, a child, a parent, a person living in the same household as the employee but who is
not an employee, tenant, lodger or boarder. In some cases a dependant will be a person who reasonably relies
on the employee for assistance when ill or to make arrangements for care in the event of illness or injury.
Employees must notify their employer as soon as reasonably practicable the reason for exercising their right to
time off and how long the absence is likely to be.
Time off for other domestic emergencies such as dealing with a burglary, fire or flood is not a specific legal
entitlement. Nevertheless, in these circumstances it would probably be unreasonable to refuse a request for time
off. You must consider each case on its particular circumstances and seek advice from the BDA.
An employer who unreasonably refuses time off may have to defend a claim made to an employment tribunal.
Appointments for visiting the doctor or hospital should as far as possible be made outside working hours. Where
an appointment can only be made within working hours, permission must be obtained from [INSERT NAME OF
PRACTICE MANAGER OR PRACTICE OWNER].
If you are required to attend for jury or witness service you must provide written evidence from the court service
and keep the practice informed during the duration of your absence. You should claim the allowance set by the
court [optional: and the practice will make up the additional loss of pay resulting from such service].
If you hold a recognised public office, such as Justice of the Peace, member of a local authority or member of
the governing body of a maintained school or college, you will be entitled to reasonable time off to perform such
duties. Requests for time off must be arranged in advance with [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER]. Time off for public duties will not be paid.
Employers are required, under certain circumstances, to permit employees who hold certain public positions
reasonable time off to perform the duties associated with them. This provision covers such offices as Justice of
the Peace, membership of a local authority or of a governing body of any maintained school or college. The
employer is not obliged to pay the employee for the time off taken for public duties.
20. Maternity
An employee who is pregnant has the right to time off with pay for antenatal care. This includes appointments
with the GP or hospital and parentcraft classes. An employee who stops work to have a baby has the right to a
period of maternity leave. There are certain provisions concerning payment, time off and returning to work which
the practice will discuss with you. Further information can be obtained from [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER].
An employee who is pregnant and who, on the advice of a doctor, midwife or health visitor attends a clinic or any
other place of antenatal care, or who attends parentcraft classes, has the right not to be unreasonably refused
time off work to do so, and to be paid for the permitted time off. The employer is entitled to see a certificate of
pregnancy and an appointment card.
All employees have the right to 26 weeks’ ‘ordinary maternity leave’ and 26 weeks’ ‘additional maternity leave’ - a
total of 52 weeks. There is also an entitlement to 39 weeks’ Statutory Maternity Pay.
See BDA Advice Sheet D9 Employees’ family arrangements and pay for more information on the rights and
responsibilities of employees and employees.
An employee who adopts a child may be entitled to adoption leave and pay.
Further information can be obtained from [INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
Further information about adoption leave and pay can be obtained from BDA Advice Sheet D9 Employees’ family
arrangements and pay.
An employee who has a wife or partner who gives birth to or adopts a child, may be entitled to two weeks’ paid
paternity leave. Further information can be obtained from [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER].
Further information about adoption leave and pay can be obtained from BDA Advice Sheet D9 Employees’ family
arrangements and pay.
Employees with at least one year’s continuous service are entitled to unpaid parental leave if having or adopting
a baby. Further information is available from [INSERT NAME OF PRACTICE MANAGER OR PRACTICE
OWNER].
Copies of the practice’s maternity and adoption policies are obtainable from [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER].
Men and women with more than one year’s continuous employment having or adopting babies are entitled to up
to 13 weeks’ unpaid parental leave, to be taken before the child’s fifth birthday. Employees will also be entitled to
reasonable time off for family emergencies. Further information is available from BDA Practice Support.
24. Pensions
* Option 1:
All employees are covered by the State pension scheme. There is no “contracting-out” certificate in force and no
other pension scheme is in operation.
OR
* Option 2 (you must use this option if you employ five or more employees):
There is a practice stakeholder pension scheme in operation, which you may join if you wish. Further details may
be obtained from [INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
* Delete as appropriate.
An employer with five or more employees without a company pension scheme must provide access to a
stakeholder pension, but it is not compulsory for the employer to contribute to the scheme, nor is it compulsory
for the employee to take it up.
The practice policy is to provide as safe and healthy working conditions as possible and to enlist the support of
employees in this.
While overall responsibility rests with your employer, all staff have a legal duty to take reasonable care to avoid
injury to themselves or others by their work activities, and not to interfere with or misuse any clothing or
equipment provided to protect health or safety. Any accident to a member of staff in the course of their activities
must be entered in the accident book held in the _______________ office. Copies of the practice’s health and
safety policy can be seen in the _______________ office.
Health and safety law (such as The Health and Safety at Work Act 1974) applies to all work activities. Its main
purposes include:
Health and safety rules place a positive emphasis on the need for joint involvement of employer and employees
in the development of health and safety policies and in efforts to reduce risks. It is a legal requirement for
organisations with more than five employees to have a written safety policy.
See the BDA’s Advice Sheet A3 Health and safety law for dental practice which incorporates a draft safety policy.
The Advice Sheet is available on request from BDAShop@bda.org and may be downloaded from the BDA
website: www.bda.org.
It is recognised that eligible employees are free to join or not to join a trade union.
27. Notice
You are entitled to receive a minimum of one week’s notice of termination of employment after one month’s
employment, increasing to two weeks after two years’ continuous service. Thereafter, you will be entitled to
receive a further week’s notice for each additional year’s service up to a maximum of twelve weeks after twelve
or more years’ service.
After one month’s employment you are required to give the practice [INSERT NUMBER] week’s/weeks’ notice.
The practice reserves the right to waive notice periods and make a payment in lieu. If you terminate your
employment without giving your contractual period of notice, the practice reserves the right to make a deduction
from your final pay. That deduction will be the amount of extra money the practice has had to spend as a direct
result of you leaving early, subject to a maximum of the amount which you would have been paid in salary during
the contractual notice period.
The minimum statutory notice that an employee must give an employer after one month’s service is one week.
However, it is recommended that the notice period required from an employee and that given by an employer
should be mutual.
An employee who is dismissed with short or no notice, having done nothing to deserve it, can claim wrongful
dismissal and sue for wages and proper notice in an employment tribunal.
After one year’s service employees can claim unfair dismissal in an employment tribunal. One year is defined for
these purposes in calendar terms (for example a person who commenced employment on September 10 2007
completes one year’s service on September 9 2008). A dismissal may be unfair for substantive or procedural
reasons or both. The BDA Advice Sheet D11 Practice disciplinary procedures and dismissal is available from
BDA Shop on 020 7563 4555 or may be downloaded from www.bda.org.
Employees who have been dismissed and have completed at least one year’s continuous service before the
effective date of termination or who are pregnant may request a written statement of the reason for dismissal.
Such a statement must be supplied within 14 days.
Deductions where employees leave without giving the contractual notice must be an accurate calculation of the
actual loss suffered by the practice. The practice is under an obligation to minimise that loss. The calculations
can be difficult. Before you make a deduction in these circumstances, you should call BDA Practice Support for
advice or seek advice from a solicitor.
28. Retirement
The practice’s normal retiring age is 65. You will be notified in writing of the practice’s intention to retire you not
more than one year and not less than six months before the date on which the practice intends to retire you. You
have the right to request not to retire. Further information on how to make a request should be obtained from
[INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
The Employment Equality (Age) Regulations came into force on 1 October 2006. The regulations make it
unlawful to discriminate on the grounds of age. Employers must follow certain procedures when retiring an
employee in order to comply with the regulations.
Should you have any query, grievance or complaint regarding your employment or the terms and conditions
relating to that employment, you should raise the matter initially with [INSERT NAME OF PRACTICE MANAGER
OR PRACTICE OWNER].
The practice is committed to working towards equal opportunity for every employee. Our Equal Opportunities
Policy is attached at Appendix 4 and you are required to abide by it.
You must comply with the practice’s Confidentiality Policy set out in Appendix 5.
You must comply with all other practice policies. Copes of the policies are obtainable from [INSERT NAME OF
PRACTICE MANAGER OR PRACTICE OWNER].
32. Immunisation
It is a condition of your employment that you are immunised against Hepatitis B and tuberculosis in accordance
with guidelines issued by the Department of Health. Charges, where incurred, will be met by the practice.
The practice reserves the right to make deductions from your pay in the following circumstances:
Unlawful deductions of wages - you cannot make a deduction from an employee’s pay unless the employee has
agreed in writing in advance of the deduction being made. Therefore this clause is only valid if the employee has
signed the contract. An unlawful deduction could lead to a claim for constructive dismissal.
You must conduct a thorough investigation in order reasonably to believe that an employee has stolen practice
property and/or equipment before making any deduction under this heading.
Any deduction from any wages payable to the employee on a pay day must not exceed one-tenth of the gross
amount of the wages payable to the employee on that day, unless the deduction is being made from the final
instalment of pay.
34. Confidentiality
Employees must not disclose any confidential information about patients to third parties without the consent of
the patient. If you are in any way unsure whether information can or should be disclosed you must ask [INSERT
NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
The full rules on patient confidentiality are set out in the practice’s confidentiality policy (Appendix 5). Confidential
information must not be disclosed following termination of your employment.
The practice reserves the right to make reasonable changes to your terms and conditions. You will be informed
within one month of the change taking effect by personal written notification. In addition, any master document
relating to your terms and conditions will be updated.
From time to time in the interests of efficiency you may find it necessary to vary the terms and conditions of
employment. There is nothing in law to prevent you from doing this, but you must first consult with the employee.
Any changes to the main terms and conditions of employment (for example changes in working hours, new
starting/finishing times) should be agreed with the employee in advance and must be notified in writing not more
than one month after such changes takes effect. You must have a sound business reason for implementing any
changes the employee does not agree to. A unilateral change to the contract could lead to a claim for
constructive dismissal in an employment tribunal.
on behalf of ________________________________________________________________________________
Date ______________________________________________________________________________________
I confirm that I have received the original statement of terms and conditions of employment relating to my
employment of which this is a copy and I accept them and will be bound by them.
If you are absent from work because of sickness or injury, the conditions of the
Statutory Sick Pay scheme will apply. In order to qualify for sick pay, you must
follow the notification and certification procedure set out below.
Notification of absence
If you are unable to attend work for any reason whatsoever, you must
personally telephone the [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER] and inform them no later than _________ a.m. on the first
day of absence as to the reason for absence, and if possible, when you hope to
return to work. If you cannot give an estimated date of return to work, then you
must contact the practice on each and every day of absence no later than
_________ a.m. If on the date that you estimated you would return to work you
are still unable to attend, then you must contact the practice no later than
_________ a.m. on that day. It is not acceptable to notify the practice by text
message. If you are late in notifying sickness absence, you may lose part of
your sick pay.
While away from the practice due to illness you are required to remain in
contact with [INSERT NAME OF PRACTICE MANAGER OR PRACTICE
OWNER] and supply the appropriate evidence of incapacity.
If you are ill for seven days or fewer you should on your return to work report to
(insert name of employer/practice manager) and explain in full the reasons for
your absence. You will be required to complete a self-certification form.
If sickness absence continues for eight days or more you should obtain a
medical certificate from your doctor and forward the original copy without delay
to the [INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
Further certificates should be submitted without delay for as long as the illness
lasts. Where no contact is made and/or no evidence is produced for absence
with good reason, the practice may commence disciplinary procedures.
In the case of four periods of self-certificated absence in any calendar year the
practice reserves the right to request medical evidence for subsequent periods
of absence of fewer than seven days. See Frequent, persistent short-term
absence below.
(The following practice sick pay policy follows BDA recommendations and is
over and above the minimum legal requirement of statutory sick pay)
Subject to the above procedure, you will receive practice sick pay (inclusive of
SSP) during each calendar year as follows:
These entitlements are the total for each calendar year. Therefore payments of
practice sick pay for earlier periods of absence count towards calculating your
annual entitlement.
The full rules on eligibility for and payment of SSP are set out according to the
statutory requirements.
Unauthorised absence
Any unauthorised absence, or where it seems that the reason given for
absence is not genuine, will be treated as a disciplinary matter in accordance
with the practice disciplinary procedure. You will not be paid for days of
unauthorised absence.
Return-to-work meetings
Long-term absence
While you are off work due to illness, [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER] will keep you up-to-date on any news or
changes occurring at the practice.
Where there is reasonable doubt from your doctor’s report about the nature of
the illness or injury, you may be asked to be examined by an independent
doctor appointed by the practice.
An employee who refuses to provide consent for the practice to gather medical
evidence or to undergo a medical examination will be advised in writing that a
decision regarding their future employment will be based on the limited
information available which may lead to dismissal on grounds of their capacity
to do their work.
The practice will monitor the absence of all employees. Where there are four
periods of self-certificated absence in any calendar year, the practice will hold
an informal meeting with the employee to discuss the cause of the absences.
The practice reserves the right to request medical evidence for subsequent
periods of absence of less than seven days.
Procedure
If possible, another person within the practice will hear the appeal hearing. The
aggrieved employee has the right to be accompanied by a trade union
representative or fellow work colleague of his/her choice.
The practice does not impose unreasonable rules of conduct on its employees,
but certain standards of behaviour are necessary to maintain order and
discipline in the interests of employees and the practice. We prefer that
discipline is voluntary and self-imposed and, in the great majority of cases, this
is how it works. From time to time, however, it may be necessary to take action
towards individuals whose behaviour or performance is unacceptable.
In the case of employees who have been continuously employed for less
than one year, the following procedure will apply:
EITHER:
Option 1:
Employees will normally be entitled to at least one disciplinary meeting and one
opportunity to improve. However, if, after the first disciplinary meeting, they fail
to improve, they will be dismissed following a second disciplinary meeting. In
situations amounting to gross misconduct, whether there has been a first
disciplinary meeting or not, the employee will be summarily dismissed following
a disciplinary meeting.
The employer will set out in writing the reasons for their dismissal.
OR:
Option 2:
Option 1 creates legal obligations to deal with all dismissals in the first year
procedurally. Option 2 enables you to summarily dismiss employees within the
first year without the need to arrange formal disciplinary meetings, though you
may need to give notice and notice pay. Option 1 is recommended because,
even for employees in their first year of employment, you are vulnerable to
legal claims, including discrimination. Following a procedure as in option 1
helps you establish the objectivity and reasonableness of any dismissal. Also, if
a former employee subsequently claims that they were discriminated against,
they would have to show why they did not raise the matter in the disciplinary
meetings before their dismissal. Even if you choose option 2, you are still
strongly advised to arrange meetings with employees before making any
disciplinary decision. Call BDA Practice Support if you would like to discuss
these options.
In the case of employees who have been continuously employed for one
year or more, the following procedure will apply:
Minor issues will usually be dealt with informally. However, in cases where
informal discussion does not lead to improvement, or where the matter is more
serious, such as unjustified absences, poor time-keeping or sub-standard
performance, the following formal procedure will be used.
Receive a letter giving adequate notice of the hearing, including the date
and time and the allegations of misconduct. The letter will include copies of
relevant evidence such as witness statements
Be accompanied at a disciplinary interview by a fellow employee of their
choice or a trade union representative
Be given the chance to state their case
Written notification of the disciplinary decision.
Stage 4 - dismissal
Failure to meet the requirements set out in the final written warning will
normally lead to a further disciplinary hearing and DISMISSAL with appropriate
notice.
Gross misconduct
Offences under this heading are so serious that an employee who commits
them will normally be summarily dismissed, following a disciplinary hearing. In
such cases the practice reserves the right to dismiss without notice of
termination or payment in lieu of notice. Summary dismissal for gross
misconduct will only occur following an investigation and a formal hearing
convened by the employer. The employee is entitled to:
Suspension
Appeals
Please read it carefully. If there is anything you do not understand, please ask
[INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER] for an
explanation.
The policy
Definitions
Direct sex discrimination is when one person is treated less favourably on the
grounds of their sex than a person of the other sex is or would be treated in
similar circumstances. This can occur when a person is refused a position or
promotion because of their sex or because of a factor which is sex linked, such
as the ability to bear children. For example, it is illegal to refuse to employ a
woman because she is of child bearing age and ‘judged’ likely to have children.
A candidate should be treated on merit, irrespective of sex.
Direct marriage discrimination can occur when a married person is treated less
favourably in employment, because they are married, than a single person of
the same sex is or would be treated in similar circumstances.
Victimisation is when the employer treats an employee (of either sex) less
favourably than other employees are or would be treated, because the
employee has brought or threatens to bring proceedings, or give evidence or
information against an employer with reference to the Sex Discrimination Act,
Race Relations Act or Equal Pay Act. These provisions do not apply if the
original discrimination allegation was false or was not made in good faith.
Not tolerate means that we will take disciplinary action in accordance with the
practice disciplinary procedure against any employee who breaches this policy.
If the allegation involves a self-employed contractor or a partner in the practice,
the matter will be dealt with by [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER].
What you should do if you feel that you are the subject of discrimination
or harassment?
Discrimination
Harassment
1. Let the perpetrator know how you feel about their behaviour. You could do
this either by speaking to them or, if you do not wish a confrontation, by
putting your thoughts in writing.
2. Ask them to stop the behaviour.
3. Keep a good record of the incidents.
4. Report the incidents as soon as possible to [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER]. If the incident involves that person,
then you should report the matter to [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER – that is, not the person complained
about].
7. If you feel that your complaint has not been resolved by the practice, you
should contact the local Citizens Advice Bureau for advice. Legal redress
may also be sought from an employment tribunal and the complaint should
be referred to a tribunal within three months (less one day) of the alleged
discriminatory act.
The relationship between dentist and patient is based on the understanding that
any information revealed by the patient to the dentist will not be divulged
without the patient’s consent. Patients have the right to privacy and it is vital
that they give the dentist full information on their state of health to ensure that
treatment is carried out safely. The intensely personal nature of health
information means that many patients would be reluctant to provide the dentist
with information if they were not sure that it would not be passed on. If
confidentiality is breached, the dentist/dental hygienist/dental therapist/dental
nurse faces investigation by the General Dental Council and possible erasure
from the Dentists or DCP Register; and may also face legal action by the
patient for damages and, for dentists, prosecution for breach of the 1998 Data
Protection Act.
All staff must follow the General Dental Council’s rules for maintaining patient
confidentiality contained in Standards for dental professionals and Principles of
patient confidentiality.
Principles of confidentiality
There are certain circumstances where the wider public interest outweighs the
rights of the patient to confidentiality. This might include cases where disclosure
would prevent a serious future risk to the public or assist in the prevention or
prosecution of serious crime.
Patients have the right of access to their health records held on paper or on
computer. A request from a patient to see records or for a copy must be
referred to the patient’s dentist. The patient should be given the opportunity of
coming into the practice to discuss the records and will then be given a
photocopy. Care should be taken to ensure that the individual seeking access is
the patient in question and where necessary the practice will seek information
from the patient to confirm identity. The copy of the record must be supplied
within 40 days of payment of the fee and receipt of identifying information if this
is requested.
The fact that patients have the right of access to their records makes it
essential that information is properly recorded. Records must be:
Practical rules
Records must be kept secure and in a location where it is not possible for
other patients or individuals to read them
Identifiable information about patients should not be discussed with anyone
outside of the practice including relatives or friends
A school should not be given information about whether a child attended for
an appointment on a particular day. It should be suggested to the school
that the child is asked to obtain the dentist’s signature on his or her
appointment card to signify attendance
Demonstrations of the practice’s administrative/computer systems should
not involve actual patient information
When talking to a patient on the telephone or in person in a public area,
care should be taken that sensitive information is not overheard by other
patients
Do not provide information about a patient’s appointment record to a
patient’s employer
Messages about a patient’s care should not be left with third parties or left
on answering machines. A message to call the practice is all that can be left
Recall cards and other personal information must be sent in an envelope
Disclosure of appointment books, record cards or other information should
not be made to police officers or inland revenue officials unless upon the
instructions of the dentist
Patients should not be able to see information contained in appointment
books, day sheets or computer screens
Discussions about patients should not take place in the practice’s public
areas.
Employees are reminded that all personal data processed at the practice must
by law remain confidential after your employment has terminated. It is an
offence under section 55(1) of the Data Protection Act 1998, knowingly or
recklessly, without the consent of the data controller [insert name], to obtain or
disclose personal data. If the practice suspects that you have committed such
an offence, it will contact the Office of the Information Commissioner and you
may be prosecuted by the Commissioner or by or with the consent of the
Director of Public Prosecutions.
Queries
If employee has been employed for 26 weeks into the 15th week before
the expected week of childbirth:
Parents with a child under six or a disabled child under 18, or carers of an
adult, can make a request for flexible working, and to have their employers
consider such request seriously and only reject them for good business
reasons.
To take unpaid parental leave for 13 weeks (up to a maximum of four weeks
per year) if employee has a child (natural or adopted) under five years old
(to be taken before the child’s fifth birthday) or under 18 years old if the child
is disabled.
Not to be unfairly dismissed.
London region
Euston Tower
286 Euston Road
London NW1 3JJ
Tel: 020 7396 0022
West Midlands
Apex House
3 Embassy Drive
Calthorpe Road
Edgbaston B15 1TR
Tel: 0121 345 1410
East Midlands
Lancaster House
10 Sherwood Rise
Nottingham NG7 6JE
Tel: 0115 985 8253
East of England
Acas House
Kempson Way
Suffolk Business Park
Bury St Edmonds
Suffolk IP32 7AR
Tel: 01284 774500
North East
Cross House
Westgate Road
Newcastle upon Tyne NE1 4XX
Tel: 0191 269 6000
North West
Commercial Union House
2-10 Albert Square
Manchester M60 8AD
Tel: 0161 833 8500
Pavilion 1
The Matchworks
Speke Road
Speke
Liverpool L19 2PH
Tel: 0151 728 5600
Cygnus House
Ground Floor
Waterfront Business Park
Fleet
Hants GU51 3QT
Tel: 01252 816650
South West
The Waterfront
Welsh Back
Bristol BS1 4SB
Tel: 0117 906 5200
Scotland
151 West George Street
Glasgow G2 7JJ
Tel: 0141 248 1400
Wales
3 Purbeck House
Lambourne Crescent
Llanishen
Cardiff CF14 5GJ
Tel: 02920 762636
Advice Sheets and Advice Notes are available from the BDA website
www.bda.org or from BDA Shop 020 7563 4555.
Telephone BDA Practice Support on 020 7563 4574, Fax 020 7563 4557 or
email: practicesupport@bda.org
Practice Compendium v5
The BDA Practice Compendium guides dentists through the legislative and
regulatory requirements essential to general dental practice. It is a quick
reference guide and should be used in conjunction with BDA Advice Sheets
which provide more detailed information about law, practice administration and
management issues.
The BDA Practice Compendium offers convenient and instant access to model
contracts, policies, protocols, forms and letters. It includes information on all
aspects of general practice management including contractual and employment
arrangements for the dental team, health and safety and other practice
management legislation, communications with patients and staff, business
management, private practice and the new NHS.
The BDA Practice Compendium conveniently summarises the main legal and
regulatory requirements and gives the management basics of good practice,
but it is not a substitute for the Advice Sheets.
contractual arrangements
The dental team employing staff
personal and staff development
business planning
practice ownership
Business management staff and patient participation
marketing the practice
practice finances
Each section has its own content list, introduction, checklist and list of models.
The models speed up and simplify the process of organising your own practice
administration and allow you to enter your practice details and information (and
adapt as necessary) before printing.
Contracts of employment
written statement for employees D1a
Advicesheet
Contracts of employment
written statement for employees
D1a
contents page
Contract of employment 3
In accordance with the requirements of the Employment Rights Act 1996, (as amended by subsequent Statutes),
this statement describes the main terms and conditions of your employment with:
1. Employee
Name _____________________________________________________________________________________
Address ___________________________________________________________________________________
Option 1
No period of employment prior to your start date counts as part of your period of continuous employment
OR
[If the contract is to cover absence of another individual due to maternity or sickness include this clause : Your
employment will end when [INSERT NAME] returns to work or on ____________, whichever is the earlier.]
* Delete as appropriate
3. Probationary period
The first ______________ months of your employment will be probationary. During the probationary period, your
employment may be terminated by either party on one week’s written notice.
4. Job title
You may be required to carry out any other duties considered to be within your skill and competence to assist the
smooth running of the practice and facilitate the treatment of patients, when it is considered necessary or
appropriate by management.
5. Place of work
You may be required to work at other practice locations according to the needs of the practice.
You must register as a _____________________ with the General Dental Council, maintain that registration and
effect and maintain professional indemnity or insurance cover for any clinical work that you undertake. You may
be required to produce your cover certificate for inspection by the practice annually on request.
It is a condition of this employment that you attend the [INSERT NAME OF COURSE] (the “Course”) at the
[INSERT NAME OF COLLEGE] with a view to obtaining the [INSERT NAME OF QUALIFICATION]. You are
required to undertake the following in order to satisfy the General Dental Council’s requirements to achieve
registration. You must attend the Course regularly and make every effort successfully to complete the course and
obtain the qualification required by the GDC for registration.
Upon completion of your training programme, you must register as a _________________ with the General
Dental Council and maintain that registration and effect and maintain professional indemnity or insurance cover
for any clinical work that you undertake. You may be required to produce your cover certificate for inspection by
the practice annually on request.
Option 3
The practice will pay [all necessary tuition fees OR £x towards your tuition fees] incurred in pursuance of clause
7 above.
The practice reserves the right to recover any and all monies it has paid in tuition fees if your employment is
terminated for any reason, excluding redundancy, in the twelve months following completion of any course you
attended in pursuance of clause 7.
The total money recoverable will reduce by one-twelfth for each complete calendar month you work at the
practice after completion of the course. For the avoidance of doubt, no deduction will be made if your
employment is terminated more than twelve months following the completion of the course attended.
The practice reserves the right to recover any and all monies it has paid in tuition fees if you fail to complete,
without good reason, any course on which you are enrolled in pursuance of clause 7.
9. Pay
Your pay will be paid monthly in arrears in [cash/by cheque/BACS transfer] on the ___________ day of each
month.
Your pay advice will show your basic rate of pay, any statutory or voluntary deductions and the amount of net
pay. If you have any specific queries about your pay these should be raised with [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER].
Your weekly wage is £___________ per week. Payments for individual days are one-fifth of the above rate and
pro rata for any part thereof. This also applies to any days agreed as holidays.
Your pay will be paid weekly in arrears in [cash/by cheque/BACS] on the ___________day of each week.
Your pay advice will show your basic rate of pay, any statutory or voluntary deductions and the amount of net
pay. If you have any specific queries about your pay these should be raised with [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER].
Your pay will be paid weekly/monthly in arrears in [cash/by cheque/BACS transfer] on the ____________ day of
each [week/month].
Your pay advice will show your basic rate of pay, any statutory or voluntary deductions and the amount of net
pay. Any specific queries about your pay should be raised with [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER]. * Delete as appropriate
Employees temporarily laid off will be entitled to receive a guaranteed payment based on a normal working day,
but not exceeding £20.40 (April 2008 - reviewed annually in April) per day and not exceeding five days in any
period of three months. Employees must have completed one month’s continuous service in order to qualify for
lay-off pay.
Your basic hours of work (exclusive of lunch breaks) are ______________ hours per week.
You are allowed ________ for lunch, to be taken between _______ pm and _________ pm. This is unpaid.
Day-to-day arrangements will be agreed with [INSERT NAME OF PRACTICE MANAGER OR PRACTICE
OWNER] in accordance with operational requirements.
All employees are required to show a responsible attitude towards time keeping. Persistent lateness will render
the employee liable to disciplinary action, which could lead to dismissal.
13. Overtime
On occasion, it may be necessary for the practice to request that you work additional hours in the course of your
duties. Where the practice requires your services outside your set hours during usual practice hours on Monday
to Saturdays the practice will either
a) pay you at [EITHER: your normal pay rates OR: one-and-a-half times your normal pay rate]; or
b) give you the equivalent time off, by arrangement at normal pay rates.
All work outside normal hours on Sunday or public holidays will be paid at double time rate (£ ___________ per
hour).
14. Holiday
Your holiday year dates from [EITHER: the commencement of employment OR: from 1 January to 31 December
each year OR: from 1 April to 31 March of the following year].
You will be entitled to [5.6] weeks’ paid holiday, including public holidays. If you work part-time, one week’s
holiday will be equivalent to the amount of time you normally work in a week.
Optional :
[After _______ years’ service, you will be entitled to an additional week‘s paid holiday.]
A written request for holiday must be submitted to [INSERT NAME OF PRACTICE MANAGER OR PRACTICE
OWNER]. This request must be submitted ___________ week(s) prior to the date you expect to start the holiday.
Not all applications will be approved and written notification of an approval or refusal will be provided _________
week(s) prior to the date you expect to take leave.
Holiday pay will be calculated from your basic pay. Holiday entitlements cannot be carried over to the following
year unless written permission has been obtained from [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER].
Where employment is terminated, or if you choose to leave the practice, a payment will be made on a pro-rata
basis in respect of any accrued holiday entitlement that has arisen but has not been taken on the date of
termination.
A deduction will be made from your final pay on a pro-rata basis for any holiday taken in excess of your
entitlement, at the date of termination.
The rules and procedures relating to unavoidable absence due to sickness or injury, including eligibility for
sickness pay, are set out in Appendix 1. You will be entitled to sickness pay, as shown in Appendix 1, providing
you follow the notification and certification procedure specified in the rules.
If you are unable to attend work, for any reason whatever, you must contact [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER] by telephone at the earliest possible time on the first day of absence and
not later than [INSERT TIME] to give the reason for absence and, if possible, to say when you hope to return to
work. You must speak to [INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER] or [NAME]
personally. Contacting the practice by text message will not be acceptable and could lead to disciplinary action.
Unauthorised absence will not be paid and may result in disciplinary action being taken.
The practice will provide reasonable time off to deal with family or domestic emergencies. Requests should be
made promptly to [INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
Time off for family or domestic emergencies [EITHER: will OR: will not] be paid.
Appointments for visiting the doctor or hospital should as far as possible be made outside working hours. Where
an appointment can only be made within working hours, permission must be obtained from [INSERT NAME OF
PRACTICE MANAGER OR PRACTICE OWNER].
If you are required to attend for jury or witness service you must provide written evidence from the court service
and keep the practice informed during the duration of your absence. You should claim the allowance set by the
court [optional: and the practice will make up the additional loss of pay resulting from such service].
If you hold a recognised public office, such as Justice of the Peace, member of a local authority or member of
the governing body of a maintained school or college, you will be entitled to reasonable time off to perform such
duties. Requests for time off must be arranged in advance with [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER]. Time off for public duties will not be paid.
20. Maternity
An employee who is pregnant has the right to time off with pay for antenatal care. This includes appointments
with the GP or hospital and parentcraft classes. An employee who stops work to have a baby has the right to a
period of maternity leave. There are certain provisions concerning payment, time off and returning to work which
the practice will discuss with you. Further information can be obtained from [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER].
An employee who adopts a child may be entitled to adoption leave and pay.
Further information can be obtained from [INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
An employee who has a wife or partner who gives birth to or adopts a child, may be entitled to two weeks’ paid
paternity leave. Further information can be obtained from [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER].
Employees with at least one year’s continuous service are entitled to unpaid parental leave if having or adopting
a baby. Further information is available from [INSERT NAME OF PRACTICE MANAGER OR PRACTICE
OWNER].
Copies of the practice’s maternity and adoption policies are obtainable from [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER].
24. Pensions
* Option 1:
All employees are covered by the State pension scheme. There is no “contracting-out” certificate in force and no
other pension scheme is in operation.
* Option 2 (you must use this option if you employ five or more employees):
There is a practice stakeholder pension scheme in operation, which you may join if you wish. Further details may
be obtained from [INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
* Delete as appropriate.
The practice policy is to provide as safe and healthy working conditions as possible and to enlist the support of
employees in this.
While overall responsibility rests with your employer, all staff have a legal duty to take reasonable care to avoid
injury to themselves or others by their work activities, and not to interfere with or misuse any clothing or
equipment provided to protect health or safety. Any accident to a member of staff in the course of their activities
must be entered in the accident book held in the _______________ office. Copies of the practice’s health and
safety policy can be seen in the _______________ office.
It is recognised that eligible employees are free to join or not to join a trade union.
27. Notice
You are entitled to receive a minimum of one week’s notice of termination of employment after one month’s
employment, increasing to two weeks after two years’ continuous service. Thereafter, you will be entitled to
receive a further week’s notice for each additional year’s service up to a maximum of twelve weeks after twelve
or more years’ service.
After one month’s employment you are required to give the practice [INSERT NUMBER] week’s/weeks’ notice.
The practice reserves the right to waive notice periods and make a payment in lieu. If you terminate your
employment without giving your contractual period of notice, the practice reserves the right to make a deduction
from your final pay. That deduction will be the amount of extra money the practice has had to spend as a direct
result of you leaving early, subject to a maximum of the amount which you would have been paid in salary during
the contractual notice period.
28. Retirement
The practice’s normal retiring age is 65. You will be notified in writing of the practice’s intention to retire you not
more than one year and not less than six months before the date on which the practice intends to retire you. You
have the right to request not to retire. Further information on how to make a request should be obtained from
[INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
Should you have any query, grievance or complaint regarding your employment or the terms and conditions
relating to that employment, you should raise the matter initially with [INSERT NAME OF PRACTICE MANAGER
OR PRACTICE OWNER].
The practice is committed to working towards equal opportunity for every employee. Our Equal Opportunities
Policy is attached at Appendix 4 and you are required to abide by it.
You must comply with the practice’s Confidentiality Policy set out in Appendix 5.
You must comply with all other practice policies. Copes of the policies are obtainable from [INSERT NAME OF
PRACTICE MANAGER OR PRACTICE OWNER].
32. Immunisation
It is a condition of your employment that you are immunised against Hepatitis B and tuberculosis in accordance
with guidelines issued by the Department of Health. Charges, where incurred, will be met by the practice.
The practice reserves the right to make deductions from your pay in the following circumstances:
34. Confidentiality
Employees must not disclose any confidential information about patients to third parties without the consent of
the patient. If you are in any way unsure whether information can or should be disclosed you must ask [INSERT
NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
The full rules on patient confidentiality are set out in the practice’s confidentiality policy (Appendix 5). Confidential
information must not be disclosed following termination of your employment.
If, after investigation, a member of staff is found to have breached patient confidentiality or the practice’s policy,
he or she shall be liable to summary dismissal in accordance with the practice’s disciplinary policy (Appendix 3).
The practice reserves the right to make reasonable changes to your terms and conditions. You will be informed
within one month of the change taking effect by personal written notification. In addition, any master document
relating to your terms and conditions will be updated.
on behalf of ________________________________________________________________________________
Date ______________________________________________________________________________________
I confirm that I have received the original statement of terms and conditions of employment relating to my
employment of which this is a copy and I accept them and will be bound by them.
Date ______________________________________________________________________________________
If you are absent from work because of sickness or injury, the conditions of the
Statutory Sick Pay scheme will apply. In order to qualify for sick pay, you must
follow the notification and certification procedure set out below.
Notification of absence
If you are unable to attend work for any reason whatsoever, you must
personally telephone the [INSERT NAME OF PRACTICE MANAGER OR
PRACTICE OWNER] and inform them no later than _________ a.m. on the first
day of absence as to the reason for absence, and if possible, when you hope to
return to work. If you cannot give an estimated date of return to work, then you
must contact the practice on each and every day of absence no later than
_________ a.m. If on the date that you estimated you would return to work you
are still unable to attend, then you must contact the practice no later than
_________ a.m. on that day. It is not acceptable to notify the practice by text
message. If you are late in notifying sickness absence, you may lose part of
your sick pay.
While away from the practice due to illness you are required to remain in
contact with [INSERT NAME OF PRACTICE MANAGER OR PRACTICE
OWNER] and supply the appropriate evidence of incapacity.
If you are ill for seven days or fewer you should on your return to work report to
(insert name of employer/practice manager) and explain in full the reasons for
your absence. You will be required to complete a self-certification form.
If sickness absence continues for eight days or more you should obtain a
medical certificate from your doctor and forward the original copy without delay
to the [INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER].
Further certificates should be submitted without delay for as long as the illness
lasts. Where no contact is made and/or no evidence is produced for absence
with good reason, the practice may commence disciplinary procedures.
In the case of four periods of self-certificated absence in any calendar year the
practice reserves the right to request medical evidence for subsequent periods
of absence of fewer than seven days. See Frequent, persistent short-term
absence below.
(The following practice sick pay policy follows BDA recommendations and
is over and above the minimum legal requirement of statutory sick pay)
Subject to the above procedure, you will receive practice sick pay (inclusive of
SSP) during each calendar year as follows:
These entitlements are the total for each calendar year. Therefore payments of
practice sick pay for earlier periods of absence count towards calculating your
annual entitlement.
The full rules on eligibility for and payment of SSP are set out according to the
statutory requirements.
Unauthorised absence
Any unauthorised absence, or where it seems that the reason given for
absence is not genuine, will be treated as a disciplinary matter in accordance
with the practice disciplinary procedure. You will not be paid for days of
unauthorised absence.
Return-to-work meetings
Long-term absence
While you are off work due to illness, [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER] will keep you up-to-date on any news or
changes occurring at the practice.
Where there is reasonable doubt from your doctor’s report about the nature of
the illness or injury, you may be asked to be examined by an independent
doctor appointed by the practice.
An employee who refuses to provide consent for the practice to gather medical
evidence or to undergo a medical examination will be advised in writing that a
decision regarding their future employment will be based on the limited
information available which may lead to dismissal on grounds of their capacity
to do their work.
The practice will monitor the absence of all employees. Where there are four
periods of self-certificated absence in any calendar year, the practice will hold
an informal meeting with the employee to discuss the cause of the absences.
The practice reserves the right to request medical evidence for subsequent
periods of absence of less than seven days.
Procedure
If possible, another person within the practice will hear the appeal hearing. The
aggrieved employee has the right to be accompanied by a trade union
representative or fellow work colleague of his/her choice.
The practice does not impose unreasonable rules of conduct on its employees,
but certain standards of behaviour are necessary to maintain order and
discipline in the interests of employees and the practice. We prefer that
discipline is voluntary and self-imposed and, in the great majority of cases, this
is how it works. From time to time, however, it may be necessary to take action
towards individuals whose behaviour or performance is unacceptable.
In the case of employees who have been continuously employed for less
than one year, the following procedure will apply:
EITHER:
Option 1:
Employees will normally be entitled to at least one disciplinary meeting and one
opportunity to improve. However, if, after the first disciplinary meeting, they fail
to improve, they will be dismissed following a second disciplinary meeting. In
situations amounting to gross misconduct, whether there has been a first
disciplinary meeting or not, the employee will be summarily dismissed following
a disciplinary meeting.
The employer will set out in writing the reasons for their dismissal.
OR:
Option 2:
In the case of employees who have been continuously employed for one
year or more, the following procedure will apply:
Minor issues will usually be dealt with informally. However, in cases where
informal discussion does not lead to improvement, or where the matter is more
serious, such as unjustified absences, poor time-keeping or sub-standard
performance, the following formal procedure will be used.
Receive a letter giving adequate notice of the hearing, including the date
and time and the allegations of misconduct. The letter will include copies of
relevant evidence such as witness statements
Be accompanied at a disciplinary interview by a fellow employee of their
choice or a trade union representative
Be given the chance to state their case
Written notification of the disciplinary decision.
Stage 4 - dismissal
Failure to meet the requirements set out in the final written warning will
normally lead to a further disciplinary hearing and DISMISSAL with appropriate
notice.
Gross misconduct
Offences under this heading are so serious that an employee who commits
them will normally be summarily dismissed, following a disciplinary hearing. In
such cases the practice reserves the right to dismiss without notice of
termination or payment in lieu of notice. Summary dismissal for gross
misconduct will only occur following an investigation and a formal hearing
convened by the employer. The employee is entitled to:
Receive a letter giving adequate notice of the hearing, including the date
and time, and the allegations of misconduct. The letter will include copies of
relevant evidence such as witness statements
Be accompanied at a disciplinary interview by a fellow employee of their
choice or a trade union representative
Be given the chance to state their case
Written notification of the disciplinary decision.
Suspension
Appeals
Please read it carefully. If there is anything you do not understand, please ask
[INSERT NAME OF PRACTICE MANAGER OR PRACTICE OWNER] for an
explanation.
The policy
Definitions
Direct sex discrimination is when one person is treated less favourably on the
grounds of their sex than a person of the other sex is or would be treated in
similar circumstances. This can occur when a person is refused a position or
promotion because of their sex or because of a factor which is sex linked, such
as the ability to bear children. For example, it is illegal to refuse to employ a
woman because she is of child bearing age and ‘judged’ likely to have children.
A candidate should be treated on merit, irrespective of sex.
Victimisation is when the employer treats an employee (of either sex) less
favourably than other employees are or would be treated, because the
employee has brought or threatens to bring proceedings, or give evidence or
information against an employer with reference to the Sex Discrimination Act,
Race Relations Act or Equal Pay Act. These provisions do not apply if the
original discrimination allegation was false or was not made in good faith.
The right to equal pay provides equality in the terms of an employee’s contract
where s/he is employed to perform work which is rated equivalent to that
performed by a member of the opposite sex or work of equal value to that of a
member of the opposite sex.
What you should do if you feel that you are the subject of discrimination
or harassment?
Discrimination
Harassment
1. Let the perpetrator know how you feel about their behaviour. You could do
this either by speaking to them or, if you do not wish a confrontation, by
putting your thoughts in writing.
2. Ask them to stop the behaviour.
3. Keep a good record of the incidents.
4. Report the incidents as soon as possible to [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER]. If the incident involves that person,
then you should report the matter to [INSERT NAME OF PRACTICE
MANAGER OR PRACTICE OWNER – that is, not the person complained
about].
At this practice, the need for the strict confidentiality of personal information
about patients is taken very seriously. This document sets out our policy for
maintaining confidentiality and all members of the practice team must comply
with these safeguards as part of their contract of employment/contract for
services with the practice.
The relationship between dentist and patient is based on the understanding that
any information revealed by the patient to the dentist will not be divulged
without the patient’s consent. Patients have the right to privacy and it is vital
that they give the dentist full information on their state of health to ensure that
treatment is carried out safely. The intensely personal nature of health
information means that many patients would be reluctant to provide the dentist
with information if they were not sure that it would not be passed on. If
confidentiality is breached, the dentist/dental hygienist/dental therapist/dental
nurse faces investigation by the General Dental Council and possible erasure
from the Dentists or DCP Register; and may also face legal action by the
patient for damages and, for dentists, prosecution for breach of the 1998 Data
Protection Act.
All staff must follow the General Dental Council’s rules for maintaining patient
confidentiality contained in Standards for dental professionals and Principles of
patient confidentiality.
Principles of confidentiality
There are certain circumstances where the wider public interest outweighs the
rights of the patient to confidentiality. This might include cases where disclosure
would prevent a serious future risk to the public or assist in the prevention or
prosecution of serious crime.
Access to records
Patients have the right of access to their health records held on paper or on
computer. A request from a patient to see records or for a copy must be
referred to the patient’s dentist. The patient should be given the opportunity of
coming into the practice to discuss the records and will then be given a
The fact that patients have the right of access to their records makes it
essential that information is properly recorded. Records must be:
Practical rules
Records must be kept secure and in a location where it is not possible for
other patients or individuals to read them
Identifiable information about patients should not be discussed with anyone
outside of the practice including relatives or friends
A school should not be given information about whether a child attended for
an appointment on a particular day. It should be suggested to the school
that the child is asked to obtain the dentist’s signature on his or her
appointment card to signify attendance
Demonstrations of the practice’s administrative/computer systems should
not involve actual patient information
When talking to a patient on the telephone or in person in a public area,
care should be taken that sensitive information is not overheard by other
patients
Do not provide information about a patient’s appointment record to a
patient’s employer
Messages about a patient’s care should not be left with third parties or left
on answering machines. A message to call the practice is all that can be left
Recall cards and other personal information must be sent in an envelope
Disclosure of appointment books, record cards or other information should
not be made to police officers or inland revenue officials unless upon the
instructions of the dentist
Patients should not be able to see information contained in appointment
books, day sheets or computer screens
Discussions about patients should not take place in the practice’s public
areas.
Disciplinary action
Queries